Understanding Call Tracking and Call Recording Laws


Call tracking is both popular and essential for today’s business owner. However, many feel concerned about whether it is legal to record client phone calls. Under federal law, only one party in a telephone conversation needs to be aware that it’s being recorded. However, states are free to set their own interpretation. While many follow federal guidelines, some states do enforce stringent laws that you must know and follow. At Call Sumo, we recommend letting all parties know the call will be recorded at the beginning before the parties even speak.

What is Call Tracking?

Call tracking is a platform that enables you to track each incoming call that originates from a specific website. It lets you know how that caller found your website, keywords used, and pages he or she viewed before placing the call. Call Sumo’s call tracking program dynamically replaces your main telephone number with a tracking number when a new visitor lands on your website. You can see these details as soon as a caller dials the dynamic tracking number. You can also record calls when you use our call tracking software.
For states that only require one party to be informed that a call is being recorded, your company counts as the one party. That means you’re under no legal obligation to notify callers. All parties must know about the recording in the following states:
  • California
  • Connecticut
  • Florida
  • Hawaii
  • Illinois
  • Maryland
  • Massachusetts
  • Montana
  • New Hampshire
  • Pennsylvania
  • Washington

Unfortunately, the law isn’t as straightforward as it seems. If you do business in a one-party consent state and the person calling is from an all-party consent state, the laws in his or her home state could override yours. For this reason, we encourage our clients to include a short message at the start of each call informing callers it will be recorded for training and quality assurance purposes.

Call Sumo understands that this can get confusing. We encourage you to contact a member of our support team any time you have questions.

Call Tracking Compliance for Healthcare Companies

HIPAA laws, which stands for Health Insurance Portability and Accountability Act, makes things a bit more complicated for organizations dealing with protected health information over the telephone. Call Sumo offers HIPAA-compliant call tracking and recording plans to ensure your organization doesn’t accidentally violate the law.

HIPAA Compliance and Call Tracking

Healthcare professionals frequently discuss personal and medical issues with patients over the telephone. When you record a call, it can tie a specific individual with a medical specialist or facility. Our program ensures this can’t happen while still giving you the valuable information you require from phone calls to improve your service.

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